Imigrait
01-30 02:42 PM
Incorrect!
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
Have a question. My current I-94 is valid till May 2009(entered on AP last time). What happens after May2009? Do I need to get another I-94 and how?
3/10 year applies ONLY for illegal presence and not out of status. The illegal presence starts after I-94 date. I think one of Pappu's blog covers illegal presence details.
However, for I-485 approval, section 245(k) covers out of status for 180 cumulative calendar days since last lawful admission in US.
____________________
Not a legal advice.
US Citizen of Indian Origin
Have a question. My current I-94 is valid till May 2009(entered on AP last time). What happens after May2009? Do I need to get another I-94 and how?
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priderock
05-11 04:28 PM
I am not an attorney, but this is what I know:
Yes, you can start a business, but you can't work for this company. Not even write a check on behalf of this company.
You need to hire some one (like a general manager or president) to do these on company's behalf.
You can run the company and earn profits (of course you need to pay taxes).
I do not know whether you can apply a H1 for yourself to work for your company :) , My guess is you can't.
Originally Posted by theOne
Are you sure you can open a business on H1B ?
Thank you,
theOne
Will someone please respond ?
Thank you.
Yes, you can start a business, but you can't work for this company. Not even write a check on behalf of this company.
You need to hire some one (like a general manager or president) to do these on company's behalf.
You can run the company and earn profits (of course you need to pay taxes).
I do not know whether you can apply a H1 for yourself to work for your company :) , My guess is you can't.
Originally Posted by theOne
Are you sure you can open a business on H1B ?
Thank you,
theOne
Will someone please respond ?
Thank you.
desi3933
06-28 01:38 PM
-- Must be a U.S. Permanent Resident. Sponsorship is not offered for this role (required)
This is not correct from legal point of view. I would put this statement as
-- Must have valid work authorization. Sponsorship for any work visa is not offered.
Employer can not ask for kind of authorization. It could be, EAD, OPT, GC etc. As long as applicant is qualified as per I-9 form, kind of authorization should not matter.
Of course, H-1B applicant can not apply for this job position since visa sponsorship is not available.
_______________________
Not a legal advice.
US citizen of Indian origin
This is not correct from legal point of view. I would put this statement as
-- Must have valid work authorization. Sponsorship for any work visa is not offered.
Employer can not ask for kind of authorization. It could be, EAD, OPT, GC etc. As long as applicant is qualified as per I-9 form, kind of authorization should not matter.
Of course, H-1B applicant can not apply for this job position since visa sponsorship is not available.
_______________________
Not a legal advice.
US citizen of Indian origin
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spulugur
02-10 06:19 PM
Paypal transaction: 0KS52061HH8469719
Amt: $100
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desi3933
06-28 09:59 AM
No employer can advertise a job only for GC/Citizen unless they have a valid reason (the job needs security clearance etc.).
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
What are you drinking? How can GC holder get security clearance? Also, there are some jobs that may require US citizen without any requirement for security clearance. Example: Defence projects.
BTW the law does not say that authorized alien should have a work permit allowing him to work for any employer.
Read I-9 form. Employee must have work authorization before he/she can start work.
Read more here
Compliance Assistance Employment Law Guide - Authorized Workers (Non - U.S. Citizens) (http://www.dol.gov/compliance/guide/aw.htm)
My turn to ask you a proof.
Can you show me a law that says H1B can be treated differently with respect to other work authorization for hiring/firing ?
I have said before, once hired, H-1B worker enjoys same treatment as other workers for job promotions and firing.
Regarding the hiring part,
first read here about H-1 visa
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)
The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
Now, read more about H-1B LCA here
http://www.lca.doleta.gov/h1bcl_nw.pdf
Nowhere it mentions that for qualified applicant, employer has to file LCA and H-1B petition.
On the other hand, Form I-9 clearly states, that employer must verify eligibility for the employee at the time of job start.
More about LCA here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/20cfr655.721.pdf
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
Hopefully, you will trust lawyer more than me.
Have a good day!
snathan
02-10 12:12 AM
Thanks a lot. Today its $ 869
more...
gimmeacard
09-09 08:58 PM
How am I being a racist? I'm just pointing out the fact that North and South Indians belong to different races and USCIS should stop clubbing them together.
Stop it, disgraceful statement, I am a North Indian and can state that the most help i have attained is from our brothers/sisters of South.
attempting to divide india is something Brits used cuz of people like you.
North or South India comes first
Stop it, disgraceful statement, I am a North Indian and can state that the most help i have attained is from our brothers/sisters of South.
attempting to divide india is something Brits used cuz of people like you.
North or South India comes first
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rahulp
06-12 07:27 PM
Anybody who filed after 06/04/2007, got receipt#
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
I am just trying to see if NSC could go past the I-485 received on 06/01/2007. Many folks whose application was received the first day got receipt and receipt#. Is there anyone who applied later and got the receipt or receipt#.
more...
RajForGC
06-07 11:05 AM
My frined got receipt from TSC yesterday, his attorney sent package them on 31st , I think they got it on June 1st. He has not got finger printing notice yet.
I applied on May 18th 140/485 Nebraska, Got receipt on May 28 from TSC with finger printing schedule after 2 weeks. 140 got approved on 23rd May.
Friends, My friends is saying if the New bill approves then we might have to re-apply again, even wealready have applied 485, is this True? I am bit confuse, I aksed to my Lawyer he said your Labor and 140 is New , he cannot tell anything at this point. If the person is already applied and waiting for Card should be effected, any opinion?
Thanks
I applied on May 18th 140/485 Nebraska, Got receipt on May 28 from TSC with finger printing schedule after 2 weeks. 140 got approved on 23rd May.
Friends, My friends is saying if the New bill approves then we might have to re-apply again, even wealready have applied 485, is this True? I am bit confuse, I aksed to my Lawyer he said your Labor and 140 is New , he cannot tell anything at this point. If the person is already applied and waiting for Card should be effected, any opinion?
Thanks
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pappu
02-14 04:32 PM
Thank you everyone that contributed till now.
more...
PrashantChandran1978
09-19 02:16 PM
Please update me when ur cheques got encashed and when got receipt notice, my application is also received by k.lawson (NSC on Aug 6 07/EB3)
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sracharla
08-22 07:36 PM
Hi,
I got my EAD today...Even i received my EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
I got my EAD today...Even i received my EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
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diptam
06-26 03:58 PM
After 6-7 months tell the employer that i'm going India for ever due to personal reasons - you know its not feasible for me to pay.
They can't cancel 140 after 6 months from approval ( or can they?) , they can't substitute the labor because its already used and July 17th has passed.
Then I actually go back to India , spend some time , come back silently because i have a EAD and AP.
Thanks !
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
They can't cancel 140 after 6 months from approval ( or can they?) , they can't substitute the labor because its already used and July 17th has passed.
Then I actually go back to India , spend some time , come back silently because i have a EAD and AP.
Thanks !
No one can force you to work for them. If there is no breakage clause, then the agreement will not stand in court. Issue is when there is a breakage clause. If there is a breakage clause, you may either have to fight it or suck it up and pay the amount (as long as it is a basis for the amount - just saying "pay $10K if you leave the job" will not stand in court either).
Usual disclaimer is - this is not legal advice. Consult a lawyer for good legal advice.
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dtekkedil
07-06 09:53 PM
Lot of people are sending scornful messages along with their flowers. Please refrain from doing that. The message should be something along the lines given below -
I understand your agency does all it can; Do the best job it can.
I also hope you empathize with the frustrations of a legal immigrant.
A small token of peaceful protest and hoping for the best.
This is necessary in order to stick to our theme of Gandhigiri!
I understand your agency does all it can; Do the best job it can.
I also hope you empathize with the frustrations of a legal immigrant.
A small token of peaceful protest and hoping for the best.
This is necessary in order to stick to our theme of Gandhigiri!
more...
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sandiboy
09-07 11:22 AM
Hi all,
Got my EAD (the actual card ) and the AP today in the mail. Details are as follows:
EB2 India - Filed Sept 06
140 Approved by TSC in Apr 07
485/EAD/AP Filed on July 2nd at NSC (R Williams 9 :02 am)
LUD on 140 - 08/05
Recd EAD and AP - 09/06
Have not received 485 receipt or FP notice. EAD and AP are from CSC - I recide in CA.
Good luck to all those still waiting !
Do your receipt nos start with SRC or LIN in this case?
Got my EAD (the actual card ) and the AP today in the mail. Details are as follows:
EB2 India - Filed Sept 06
140 Approved by TSC in Apr 07
485/EAD/AP Filed on July 2nd at NSC (R Williams 9 :02 am)
LUD on 140 - 08/05
Recd EAD and AP - 09/06
Have not received 485 receipt or FP notice. EAD and AP are from CSC - I recide in CA.
Good luck to all those still waiting !
Do your receipt nos start with SRC or LIN in this case?
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GCBy3000
06-21 06:01 PM
Good if it happens. But when? What makes it to say it is dead for the lawmakers. If it is likely to be dead by the end of July, then what for the hearings in the month of august before the next recession? No hopes for anything, until something is signed by the president. Any new BILL, agian the same senate, congress, commitee process and KILL it at the end. Hmmm it is just my frustration and I am not blaming anyone. I am there to fight till the end(?? I dunno where the end is though).
Answering for Logiclife, whose time zone is a couple hours behind.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
Answering for Logiclife, whose time zone is a couple hours behind.
CIR will likely not be VOTED dead. There just will not be anything done about naming a Conference committee. If a committee is indeed named, but they don't produce a report in 2-3 weeks, then CIR would be deemed dead.
The bottom line is, if nothing happens by the end of July, CIR will likely be dead.
We will be looking at other options much before the end of July. The problem for us is that no other legislation will be considered before the end of July.
more...
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pappu
02-25 12:42 PM
Over the past 4 years, I have contributed to IV several times. I was also a monthly subscriber of $20 for over a year until my credit card expired and the payments stopped.
What pains me is that inspite of several requests, i have not been granted access to donor forms. Perhaps there is a waiting list for donor access or my priority date is not current for the same.:confused:
I will try my best to make it to DC events, but please accept my small contribution in case i am unable to make the trip.
Transaction ID # 44Y412702G964994U date 2/25/2011 $25. monthly contribution for 6 months.
Thanks for your contributions. We checked our records and did not receive any such request from you. Your past recurring contributions were in 2007 and 2008 when we did not have any donor forums. The phone number in your profile is incorrect. Could you please update your profile for us to reach out to you.
What pains me is that inspite of several requests, i have not been granted access to donor forms. Perhaps there is a waiting list for donor access or my priority date is not current for the same.:confused:
I will try my best to make it to DC events, but please accept my small contribution in case i am unable to make the trip.
Transaction ID # 44Y412702G964994U date 2/25/2011 $25. monthly contribution for 6 months.
Thanks for your contributions. We checked our records and did not receive any such request from you. Your past recurring contributions were in 2007 and 2008 when we did not have any donor forums. The phone number in your profile is incorrect. Could you please update your profile for us to reach out to you.
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ramus
07-06 09:05 PM
Why not in DC... IF we really plan then we can do this in DC.. ? may be next weekend?
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whiteStallion
11-17 09:32 PM
Sent the email...
Thanks for streamlining this process which only took a few seconds...
Kudos to the IV team again !
Thanks for streamlining this process which only took a few seconds...
Kudos to the IV team again !
svinjamur
07-03 07:25 PM
EB2 category
I did not get an approval for the 485 so was thinking what the process was here. Am I not supposed to be getting an approval notice in the email before the "Card Ordered" message came through ? I hope everything is over now, it was a long 51/2 years wait and just when you loose hope in the whole process this message turns up in my Inbox. I love this site and will continue to support it in whatever manner I can
:)
I did not get an approval for the 485 so was thinking what the process was here. Am I not supposed to be getting an approval notice in the email before the "Card Ordered" message came through ? I hope everything is over now, it was a long 51/2 years wait and just when you loose hope in the whole process this message turns up in my Inbox. I love this site and will continue to support it in whatever manner I can
:)
sparklinks
09-05 01:03 PM
sparklinks - I got card production ordered email today and LUD on EAD cases online. I sent a request for inquiry thru immigration staff of my Senator (Sen. Kennedy - MA) three days ago. Not sure if that had any role to play in EAD approval.
Check your status and update as our cases were identical. I'll update details of duration of EAD renewal when I get physical cards.
Good luck.
Congrats !!! and can you please give me the details how to contact Sen. Kennedy - MA
Check your status and update as our cases were identical. I'll update details of duration of EAD renewal when I get physical cards.
Good luck.
Congrats !!! and can you please give me the details how to contact Sen. Kennedy - MA
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